The package of documents that confirm the rights to real estate includes a cadastral passport. But information about an object, for a variety of reasons, can change significantly over time. All these changes must be reflected in the cadastral passport for the immovable property, otherwise refusal to make changes may subsequently become an obstacle to any transactions and other actions with the immovable property. Or very strongly interfere with their implementation, negatively affecting the implementation of other rights of the owner. Taking into account all of the above, we propose to talk about how to make changes to the cadastral passport of a real estate property, if it is: a residential building, non-residential premises and a land plot.

When Changes Are Required

The procedure for making changes is actions aimed at recording the slightest changes in the characteristics of a plot of land. A change must be made in the following cases:

• if the land has a new owner (there was a sale, exchange, donation or inheritance of land);
• its area has increased (or decreased) (if the building has been reconstructed);
• the address of the land plot has changed (the street has been renamed);
• the intended use of the site has changed;
• the value according to the cadastre has changed;
• objects appeared (or disappeared) on the land plot, such as a forest, a pond, etc.

Important! If there is a division or consolidation of neighboring lands, then it will be necessary not only to make changes to the cadastre, but to carry out the entire land surveying process again.

All the reasons mentioned above are usually the result of manipulations with the earth. But at the same time, mistakes made by other, third parties (for example, cadastral engineers) are also possible. There are two types of such errors:

1. errors that arose due to inattention on the part of the cadastral service (these are various typos, illiteracy, etc.). Such errors are easy to correct;
2. mistakes made even at the beginning of land surveying and registration of the cadastre by engineers. This entails a change in land characteristics. Such errors are very difficult to correct, due to the need to take repeated measurements and make corrections to all documents.

List of documentary package for making changes to the land cadastre

To make changes to the land cadastre, the owner must prepare a documentary package:

• a copy of the Russian Federation identity card (or international passport);
• a copy of the power of attorney (in case of participation of a proxy);
• papers confirming ownership of this land plot (purchase and sale agreements, donation, inheritance, etc.);
• a correctly completed application for amendments to the cadastre;
• directly the papers themselves to which changes need to be made (cadastre, land survey plan, resolution of government bodies on the decision to transfer the site to another category).

Date of changes in information in the state registration code, what is it

Accordingly, if significant changes occur to any construction project, land plot or other real estate, they can be entered into the cadastre on the basis of the submitted paper media (documents).

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/ / Making changes to the state real estate cadastre 13,316 Views The state cadastre is a database in which all available information about real estate located on the territory of the Russian Federation is collected and stored.

We make changes to the cadastral passport of a land plot: the process of making

First, you should collect all the above papers, then write an application, the form of which should be taken from the cadastral register.

Having accepted all the documents, the employee will issue a receipt indicating the time of reception and the calendar date, as well as the date when the completed (amended) papers can be received.

You should know! The time for making changes to the cadastre cannot exceed eighteen days . If the papers are submitted through the MFC, the time will increase to twenty-one days .

On the specified day, you must come to the cadastral chamber and, presenting an identity card with a receipt, pick up the amended documents in order to transfer them for registration to Rosreestr. This will be the final point of this procedure.

Discrepancies in information in real estate documents

Olga, hello!
The following situation arose: I began to draw up documents for the sale of the apartment and it became clear that there was a discrepancy in the area (in the certificate of ownership dated 2001 42.9 sq. m, in the Unified State Register of Real Estate 43.5). I received an official response from Rosreestr signed by the head of the regional department: “we inform you that when conducting a comparative analysis of documents stored in the rights registration and cadastral registration authority, a discrepancy in information was revealed regarding the area of ​​​​the property located at... 05/04/2020 by decision of the state registrar in the USRN information, a technical error in the “Area” column was corrected from “42.9” to “43.5” due to the identification of an error in the information in the technical passport dated May 13, 1999, made by the technical inventory authority when calculating the area of ​​room No. 17 (kitchen) " The date of cadastral registration is 06/30/2012. At the consultation at the cadastral chamber, they said that the data in the Unified State Register of Real Estate is up to date, everything is taken into account correctly, and no problems should arise. But now the bank’s lawyer (buyer under a mortgage from Sberbank) categorically demands to provide a certificate, on the basis of which the area has changed. The letter from Rosreestr is not a document for him. Is this requirement legal? Changes were made without my knowledge or participation. The local registry office and the BTI refuse the certificate, citing the fact that this is a technical error, and now everything has been brought into compliance, they are kicking in circles, and the deal is in jeopardy. Thank you for your reply. We recommend reading: List of Documents for Permits for Store Construction

When documents contain errors: what to do?

When errors are made in the papers, even at the level of the land surveying process, then all work on the cadastre will need to be done again, in the second round. If this situation occurs, the following actions are required:

1. you need to call a cadastral engineer and conclude an agreement with him on land surveying;
2. make an advance for the work;
3. perform preparatory work related to obtaining information from the Unified State Register (this work takes up to ten days);
4. carry out the process of cadastral activities by surveyors, creating a land surveying plan (this work takes seven days);
5. agree on the boundaries of the land with neighbors (this takes up to thirty days);
6. correct errors in cadastral accounting (in the land cadastral passport).

Refusal to make changes: when and why

The owner of a land plot must know for what reasons they may refuse and not make changes to the land cadastre. These reasons lie in the illiterate execution of the documentary package:

• when the papers are not collected in full;
• when, upon presentation of an application by the principal, copies of documents were drawn up illiterately, the power of attorney expired, or it was drawn up with obvious errors;
• when the application for amendments is filled out incorrectly;
• when cadastre adjustments are contrary to the current legislation of the Russian Federation.

If you are denied, we advise you not to immediately go to court, but to check the papers and then submit them a second time. In case of repeated refusal, go to court, having first drawn up a competent statement of claim, demanding that adjustments be made to the land cadastre.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

What does it mean that the information on public cadastral maps does not correspond to the information contained in the Unified State Register?

The parties accept the proposal, the cadastral error is corrected by court decision and the consent of both parties. Thus, it becomes clear that a cadastral error can be corrected either directly by the Registrar or by the court following a claim by an interested party. Also, corrections to the register can be made in the process of comprehensive cadastral work carried out by a cadastral engineer.

According to the procedure for maintaining the Unified State Register of Real Estate, approved by Order of the Ministry of Economic Development of Russia dated December 16, 2015 No. 943, before entering information about real estate into the federal state information system for maintaining the Unified State Register of Real Estate, the characteristics of each property contained in the Unified State Register and the State Property Register will be checked for complete coincidence. In the event of a discrepancy between the information of the Unified State Register and the State Register of Property Taxes on certain characteristics - information about the characteristics of the property that was entered into the State Register of Property Registers later than the date of registration of the right and in respect of which changes were not made to the Unified State Register due to the need to comply with the requirements established by the legislation of the Russian Federation for their change and in the absence of such confirmation, the status of “uncertified” is assigned, which will significantly complicate the performance of accounting and registration actions in the future.

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Changing the cadastral passport for an apartment

A cadastral passport (extract) is documentary evidence that housing is registered in the State Cadastre. The passport contains information about the cadastral price of the apartment.

The cadastral passport for an apartment consists of two sheets in form A4:

• 1 sheet – it contains all the basic information on housing;
• Sheet 2 – it contains graphic information about the apartment.

Important! Changes to the apartment cadastre are made upon the personal application of the home owner.

Reasons for making changes are any alterations made to the apartment, namely:

1. if there was a redevelopment of the house;
2. if the area of ​​the living space has changed;
3. if the residential property has been renamed;
4. if the postal address has changed;
5. if the non-address characteristics of housing have changed;
6. if there has been a transfer of ownership, etc.

Why and where to make changes after home redevelopment?

Making changes after redevelopment of housing allows you to avoid many problems and other serious penalties if the owner decides to dispose of his property.

The owner may be subject to a fine for illegal redevelopment if it is discovered.

An application for changes to the cadastre as a result of redevelopment should be submitted:

1. at the MFC,
2. to the EGRN website,
3. to the cadastre chamber department.

The most convenient and fastest method for making changes to the State Cadastre is the online form on the EGRN website. You just need to do the following:

• Collect all documents.
• Scan each one in order to obtain an electronic version.
• Pay the fee.
• Scan the receipt on the USRN website and make a selection.
• Fill out an application on the USRN website.
• Attach scanned documents and payment slip.
• Next, expect consideration of the application and information about the changes made.

Making changes to the cadastral registration of a land plot

• land owners;
• persons to whom the land belongs by right of inheritance;
• persons who have the right to unlimited use of the site;
• persons in whose favor there are restrictions and/or encumbrances on the land;
• representatives of the categories listed above who have a notarized power of attorney from them to carry out actions to make changes to the cadastre;

If it is necessary to make changes to such parameters as a description of the position of the boundaries of the site, area, contact information of the owner, type of land and permitted use, encumbrance of part of the land plot, then the applicant must contact the caducerate authority with a package of documents and an application to change the data in the cadastre.

Non-residential premises: the process of making changes to the Unified State Register of Real Estate

Starting from 2020, the norms of the federal information resource - the Unified State Register of Real Estate - are in force in Russia. Its appearance marked the beginning of the use of extracts from the Unified State Register of Real Estate.

Note! Starting from 2020, changes are entered not into the old-style cadastral document, but into the Unified State Register of Real Estate.

The most common example in which the owner of a non-residential premises will need to change the EGRN information is the reconstruction of a non-residential premises. Reconstruction always contributes to significant changes in the initially specified characteristics of the building (premises).

Where to submit documents to make changes in relation to non-residential premises?

1. Transfer papers directly to the Unified State Register of Real Estate, or through the MFC. You can send the documentary package to Rosreestr electronically. To do this, the owner of the premises must have an electronic signature and the necessary software for this.
2. Wait until Rosreestr carries out all the necessary examinations, approvals and inspections.
3. If necessary, supplement the documentary package at the request of the Unified State Register.
4. Receive a new extract from the register with new information about your property.

Important! If you are dissatisfied with the decision of the Unified State Register of Real Estate to refuse to make changes, the owner may go to court.

GKN information: changes and their dates

An exception may only be in the case of the formation of a new land plot, which is owned by the state until its delimitation. The change that is made in relation to such objects must have a basis in the form of documentation of registered property rights.

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They have the right to suspend the process if there are any inconsistencies in the information displayed by the documents available in Rosreestr and the data submitted by the applicant. Also, the procedure will be delayed when, in a situation with land plots, the boundaries of one overlap with the boundaries of another (most likely, you will have to order a repeat land surveying procedure). Lack of required papers may also cause the procedure to be suspended. In any case, the applicant will be notified of the decision and the reasons for it and will be advised what needs to be done to lift the suspension.

Summary

In life, everything changes so quickly that often the previous information regarding real estate objects, such as land plots, apartments, non-residential premises, after a short period of time ceases to be reliable.

If you do not timely register all the changes that have occurred in the cadastral passport of a particular object, then in the future you will not be able to carry out any actions with it: neither sell, nor donate, nor bequeath. Moreover, you can receive a fine from the state for violating the timely registration of changes that have occurred.